ORDINANCE NO. 15-_____ AN ORDINANCE AMENDING TITLE 3 (BUSINESS AND LICENSE REGULATIONS), CHAPTER 3 (LIQUOR AND TOBACCO CONTROL), SECTION 1 (DEFINITIONS), SECTION 10 (CIGARETTE AND TOBACCO DEALER’S LICENSE FEE), AND SECTION 23-2 (PURCHASES OF TOBACCO PRODUCTS BY MINORS PROHIBITED) OF THE NAPERVILLE MUNICIPAL CODE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NAPERVILLE, DUPAGE AND WILL COUNTIES, ILLINOIS, in exercise of its home rule powers that: SECTION 1: Title 3 (Business and License Regulations), Chapter 3 (Liquor and Tobacco Control), Section 1 (Definitions) is hereby amended by adding the underlined language as follows: 3-3-1: DEFINITIONS: All words and phrases used in this Chapter, not otherwise defined herein, and which are defined in “An Act Relating to Alcoholic Liquors”, approved January 31, 1934, as amended, shall have the meanings accorded to such words and phrases in said Act. Unless the context otherwise required, the following terms as used in this Chapter shall be construed according to the definitions given below: ALCOHOLIC LIQUOR: ALTERNATIVE NICOTINE PRODUCT:

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As defined under 720 Illinois Compiled Statutes 675/1.5(a) and as amended from time to time: a product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "Alternative nicotine product" excludes cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in Section 1 of this Act and any product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.

BEER through TOBACCO LICENSE

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TOBACCO PRODUCTS:

Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco; and any “alternative nicotine product” as defined under 720 Illinois Compiled Statutes 675/1.5(a), as amended from time to time.

VENDING MACHINE through WINE OR VINOUS BEVERAGES

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SECTION 2: Title 3 (Business and License Regulations), Chapter 3 (Liquor and Tobacco Control), Section 10 (Cigarette and Tobacco Dealer’s License Fee) is hereby amended by deleting the stricken language and adding the underlined language as follows: 3-3-10: - CIGARETTE AND TOBACCO DEALER'S LICENSE FEE: The annual fee for a cigarette and tobacco dealer's license issued after April 30, 2012 shall be one hundred fifty dollars ($150.00) per establishment where cigarettes and tobacco are sold in any form. The annual fee for a cigarette and tobacco dealer's license issued after April 30, 2013 shall be two hundred dollars ($200.00) per establishment where cigarettes or tobacco products are sold in any form. SECTION 3: Title 3 (Business and License Regulations), Chapter 3 (Liquor and Tobacco Control), Section 23-2 (Purchases of Tobacco Products by Minors Prohibited) is hereby amended by adding the underlined language as follows: 3-3-23-2: - PURCHASES OF TOBACCO PRODUCTS BY MINORS PROHIBITED: 1.

It shall be unlawful for any person under the age of eighteen (18) years to purchase tobacco products, or to misrepresent his or her age, or to use any false or altered identification for the purpose of purchasing tobacco products.

2.

Except as provided in this Section, it shall be unlawful for any person under eighteen (18) years of age to possess or use any tobacco products, except for alternative tobacco products as defined in this Chapter.

3.

It shall not be a violation of this Section for a person of nonage to use any tobacco products where: 3.1.

Such use takes place under the direct supervision and approval of the parent, parents, or legal guardian of such person of nonage; and

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3.2.

4.

Such use takes place in the privacy of a home or established place of worship or tribal meeting place; provided, however, where such use takes place in an established place of worship or tribal meeting place, such use shall not be a violation only where use is in the performance of a religious service or tribal ceremony and the religious group or tribe is legally established and recognized by the State of Illinois.

Any person who violates this Section shall be subject to the following penalties: 4.1.

For the first violation within a 12-month period, a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00), or required attendance at, and completion of, the tobacco education group program, or, if the violator has already attended such program, the tobacco awareness program, at Edward Cardiovascular Institute.

4.2.

For the second violation within a 12-month period, a fine of not less than seventy-five dollars ($75.00) nor more than one hundred fifty dollars ($150.00), and required attendance at, and completion of, the tobacco education group program, or, if the violator has already attended such program, the tobacco awareness program, at Edward Cardiovascular Institute.

4.3.

For the third violation within a 12-month period, a fine of not less than two hundred fifty dollars ($250.00) nor more than three hundred fifty dollars ($350.00), and not less than ten (10) hours of community service work, and required attendance at, and completion of, the tobacco awareness program at Edward Cardiovascular Institute provided the violator has not attended and completed that program more than twice during the preceding twenty-four (24) months.

4.4.

For the fourth or further violation within a 12-month period, a fine of not less than three hundred fifty dollars ($350.00) nor more than seven hundred fifty dollars ($750.00), and not less than thirty (30) hours of community service work, and required attendance at, and completion of, the tobacco awareness program at Edward Cardiovascular Institute, provided the violator has not attended and completed that program more than twice during the preceding twenty-four (24) months.

The City Manager may authorize attendance by violators of this Section at other tobacco awareness and cessation programs which are comparable to the Edward Cardiovascular Institute programs, in lieu of attendance at the particular Edward Cardiovascular Institute program required in this Section. 5.

Such penalties shall be in addition to any other penalties applicable to offenses as defined in this Code relating to Cannabis sativa.

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SECTION 4: This Ordinance shall be in full force and effect upon its passage and approval.

PASSED this

day of

, 2015

AYES NAYS ABSENT APPROVED this

day of

, 2015

________________________________ Steve Chirico Mayor ATTEST: ___________________________ Pam LaFeber, Ph.D City Clerk

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